34 in his cross examination pw 11 stated that the ext

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34. In his cross-examination, P.W. 11 stated that the Ext. No. 12 was prepared by him in his own hand and that Ext. No. 12(1) was his signature. He further stated that at the time of recording the said statement two Doctors namely Dr. Narendra Kr. Baishya and Dr. Nilotpal Bora and Sri Somnath Lahiri brother of the deceased, Sri Manajit Mahanta, i.e. the brother-in-law of the deceased were present. He exhibited 09-11-2019 (Page 6 of 14) National Law University Jodhpur
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their signatures on the said statement as exhibits Nos. 12(2), 12(3), 12(4) and 12(5) respectively. He further stated that at the time of recording her statement, the deceased was in fit mental condition to make statement. 35. Smti. Dipali Buragohain, who was the OC of the All Women Police Station, Panbazar, Guwahati, investigated into the matter. The said investigating officer, deposing as P.W. No. 12, stated that, on 27.02.2000, she received a message from the OC of the Geeta Nagar Police Station, Guwahati, about the hospitalization of the deceased and on being so informed, she, after making a GD, being G.D. entry No. 501, dated 22.02.2000, rushed to the Gauhati Medical College hospital and recorded the statement of the deceased. She exhibited the said statement, made by the deceased, as Ext. 13 and her signature thereon as Ext. No. 13(1). She further stated that, after her return from the GMCH, she received a written Ezahar from Sri Somnath Lahiri (P.W. 9). She exhibited the said Ezahar as Ext. No. 8 and her signature thereon as Ext. No. 8(2). It appears that, before receipt of the said Ext. No. 8, the investigating officer got the information about the occurrence and recorded the statement of deceased. Therefore, the Ext. No. 8 was not a FIR in the eye of law. In fact the message received by the Investigating officer, which had moved the machinery of the investigation into action was the FIR. The Ext. No. 8 was at best a statement made by the P.W. No. 9. 3 6 . During the investigation, the Investigating Officer prepared a sketch map, recorded the statement of the witnesses, collected the inquest report and the autopsy report and seized some articles from the place of occurrence. At the close of the investigation, the Investigating officer submitted charge against the Appellant and his mother Smt. Shanti Neog under Section 498A/306 IPC. In her cross-examination, the Investigating Officer stated that Smt. Bipasha Lahiri (P.W. 1) did not tell her that, while taking breakfast, the Appellant had slapped the deceased in her presence. She also stated that P.W. 9, i.e. Somnath Lahiri did not tell her that the deceased was not allowed to enter her house for one and a half hours for being late in arriving home from office. She further stated that, said P.W. 9 did not tell her that the deceased was slapped by the Appellant in presence of Bipasha Lahiri (P.W. 1). In his examination, under Section 313 Code of Criminal Procedure, the Appellant denied all the allegation brought against him.
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